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03JUN 2016

Match Fixing Sports Betting Cheating Blackboard Whistle

 

 

 


 

 

 

 

 

 

Match Fixing: What is the law in respect to fraudulent sports betting activities?

Match Fixing | 03 June 2016

There is renewed focus on fraudulent sports betting activities in the wake of this week’s allegations of match-fixing. In 2011, a Canterbury Bulldogs player was fined $4000 and placed on a 12 months good behaviour bond when he was found guilty of dishonestly obtaining an advantage. However under the current anti-cheating laws, a person who is found guilty of match-fixing faces up to 10 years imprisonment.

21APR 2016

Supreme Court in Darlinghurst, Sydney, where Steven Fesus trial is located.

Supreme Court in Darlinghurst, Sydney, where Steven Fesus' trial took place.

Bail Dilemmas: Who Could be Freed on Bail in 2016?

Bail Laws | 21 April 2016

In 2014, Steven Fesus, who was awaiting trial on a murder charge, was granted bail by the NSW Supreme Court in Sydney following a successful application made by his lawyer Dennis Miralis. Community outrage and a media frenzy followed – after all, he’d allegedly confessed to the crime which occurred some 16 years earlier, had been in custody since 2013, and had two previous bail applications rejected.

04MAR 2016
Child arrest guide for parents

What is Doli Incapax? When A Child Has Been Charged with a Crime.......

By Adam Faro | Laws | 02 March 2016

On occasion, a child may be charged with a crime. A common question that arises in criminal law is how old a person has to be before they can be convicted of an offence. Section 5 of the Children (Criminal Proceedings) Act 1987 states that no child under the age of 10 can ever be found guilty of an offence. However, there is a common law rule which states that a child between the ages of 10 and 14 also cannot commit a crime unless the Prosecution can prove that the child knew the difference between right and wrong. This rule is known as the common law doctrine of doli incapax.

29FEB 2016
Money Laundering Suspect?

Taken to the Cleaners: Are You a Money Laundering Suspect?

29 February 2016

Have you ever made a sizeable cash deposit or wire transfer to a bank account and been asked by the teller why you’re depositing the funds?

For most of us, the term ‘money laundering’ brings to mind the type of organised crime depicted in The Sopranos and Underbelly. We think of millions of dollars being shifted about through gambling operations, and our suspects are crime families and drug lords.

12FEB

Suing for a Civil Claim Against the Police

By Adam Faro | Suing Police - Wrongful Arrest / Malicious Prosecution | 12 February 2016

Over the past 10 years, Nyman Gibson Miralis has successfully secured millions of dollars in damages as a result of civil actions brought against the Police for the following claims:

  1. Malicious prosecution
  2. Wrongful arrest or unlawful arrest
  3. False imprisonment
  4. Assault
  5. Battery (police brutality or excessive force)
  6. Misfeasance / Malfeasance in a Public Office
10Nov

Not guilty of Drink Driving Charges At Parramatta Local Court

By Mina Wassef | Appeals,Court,Driving,Laws | 10 November 2015

The Drive with Middle Range Prescribed Concentration of Alcohol (MRPCA) charge was withdrawn after client contested the facts.

9Nov

Immediate Driver’s Licence Suspensions in NSW

By Mina Wassef | Appeals,Driving,Laws,Prison,immediate suspension,traffic | 9 November 2015

Police may immediately suspend and confiscate your driver’s licence for a number of traffic offences.

17Sep

When Your Child Has Been Arrested: A Guide for Parents

By Rajiv Baldeo | Laws | 17 September 2015

When your child has been arrested, it’s important to have a basic understanding of their rights, even though you don’t have long to get your head around what is happening. Here’s a basic guide to the process.

16Sep

The NSW Protected Admissions Scheme for Young Offenders

By a Criminal Defence Lawyer | 16 September 2015

In mid-2014, the Protected Admissions Scheme came into operation in NSW. It is a ground breaking scheme aimed at keeping young offenders out of the court system and avoiding lifelong criminal convictions for minor offences.

15Sep

What is Malicious Prosecution?

By Adam Faro | Court,Laws | 15 September 2015

From time to time, the prosecution of an alleged offence will be commenced for reasons that are far from pure. The stressors confronted by people who face criminal prosecution are substantial enough. Add to that a situation where you or your criminal defence lawyers suspect foul play on the …

14Sep

Police Body Cams: Is Seeing Actually Believing?

By Adam Faro | 14 September 2015

As technology leaps ahead, we’re seeing multiple new ways of capturing both images and sound. In police work, this capability has manifested most recently in the introduction of body cams – small cameras fitted to police officers in order to capture crucial moments of policing activity. …

11Sep

Failing to Stop for NSW Police: What’s the Law?

By a Criminal Defence Lawyer | Driving | 11 September 2015

A vehicle failing to stop for police can certainly raise heated discussion in the community. This is especially so where high-speed pursuit, danger and accidents are involved. Traffic offence lawyers understand that there are various elements to consider in cases where a driver has allegedly…

20Aug

Insider trading laws 

By Rajiv Baldeo | Laws | 20 August 2015

Insider trading occurs where a person uses information that is not yet available to the public (insider information), usually to gain an advantage for themselves or someone else in the trading of financial products. The Australian Securities and Investment Commission (ASIC) has the power to …

14Aug

Found not guilty? Do you want the prosecution to reimburse your legal fees? 

By Adam Faro | Laws | 14 August 2015

Unlikely civil proceedings, if you succeed in criminal matter, you are not automatically entitled to recoup the costs of defending the matter. However, there are provisions that allow for you to apply to the Court, asking the Prosecution to meet the costs incurred in defending criminal charges.

8Aug

I forgot to go to Court! What should I do? 

By Adam Faro | Court | 8 August 2015

When you are provided with a Court Attendance Notice, there will always be a date, time and Court location for you to attend. It is imperative that you attend that place at that time on that date. However, mistakes can be made, dates can be forgotten and things can go wrong and eith…

17Jul

The Extradition process

By a Criminal Defence Lawyer | Laws | 17 July 2015

In this day and age where criminal law is becoming increasingly globalised, people can no longer escape criminal prosecution merely because they have left the country where it is alleged that they committed an offence. Today, many countries cooperate with each other to bring these people to justice.

16Jun

Bribery and corruption offences

By Rajiv Baldeo | Laws | 16 June 2015

It is a crime to offer someone a bribe (even if the offer is rejected), as well as to actually give them a bribe. A bribe is also sometimes called an ‘undue reward’. It does not have to be a bribe of money, it just has to be a reward or something that will induce a person to act a certai…

12Jun

I’ve been charged with high range PCA, what can I do?

By Phillip Gibson | Driving | 12 June 2015

Any drink driving charge is a serious matter but being charged with high range PCA can result in heavy penalties even if it’s a first offence. If convicted, the consequences can be serious and negatively impact several areas of your life, from the financial to family relationships. We reco…

10Jun

Ridiculous or vexatious Domestic AVOs and what to do

By Phillip Gibson | Laws | 10 June 2015

Domestic violence is a serious issue, and it’s vital that we have a system in place that offers protection to victims of violence, and puts preventative measures in place. But few systems work perfectly every time, and as many defence lawyers in Sydney could attest, the system surrounding…

30May

What’s the Big Deal About Demerit Point Fraud?

By Phillip Gibson | Laws | 30 May 2015

You may have heard about the recent crackdown on demerit point fraud and wondered why it seems to be such a big deal. You’re not alone – many ordinarily law-abiding drivers engage in this practice without ever fully realising they’re committing a crime. That’s because demerit point f…

28May

Three Reasons to Avoid Going to Prison

By Phillip Gibson | Prison | 28 May 2015

Prison is a reality for many people who find themselves on the wrong side of the law. And the loss of freedom is not the only effect going to jail has on an offender’s life. Serving time can have a detrimental impact on their families, finances and future prospects too. 

1May

What rights do I have if I am taken into police custody?

By Rajiv Baldeo | Laws | 1 May 2015

Every person who is placed under arrest has a number of rights which are provided for by legislation. It is important to know when rights you have when dealing with the police. This article sets out some information about your rights while you in police custody.

23Mar

Complicity

By  Christina Vassiliou | Laws | 23 March 2015

The concept of complicity can make a person criminally responsible for a crime physically committed by another person. So even though a person may not have directly committed the offence in question, their actions before, during or after the commission of an offence may make them liable for …

10Mar

New Bail Laws

By a Criminal Defence Lawyer | Laws | 10 March 2015

Whenever you are charged with a serious offence, the police will have to decide whether to grant you bail. In making that decision, the police will look at these things

26Feb

Changes to the Road Transport Legislation And How They Affect Drivers Convicted of Drink Driving Offences

By Adam Faro | Laws | 26 February 2015

From 01 February 2015, NSW drivers convicted of serious and repeat drink driving offences are required to participate in the Mandatory Alcohol Interlock Program. This mandatory program replaces the voluntary program which has been in place in NSW since 2003.

24Feb

What is an Asset Forfeiture Order?

By Phillip Gibson | Laws | 24 February 2015

If a person has been convicted of a serious offence, the State can apply to seize possessions that are believed to be connected with the crime. This is done through an Asset Forfeiture Order (AFO).

21Feb

5 NSW Traffic Offences You Might Not Know About

By Phillip Gibson | Driving | 21 February 2015

Obeying the rules of the road is important if you want to avoid being pulled over and getting a ticket, a fine or even losing your licence. Although most drivers in NSW are educated on the main driving offences, like speeding and drink driving, there are plenty of other, minor offences that …

3Feb

Negligent Driving Doesn't Always Involve Breaking Road Rules

By a Criminal Defence Lawyer | Driving | 3 February 2015

When we think about a typical movie scene portrayal of negligent driving, a couple of images might come to mind. Maybe we see a crazed young daredevil, swerving down the highway at double the speed limit? Or perhaps we see a driver weaving and wandering across the road while clearly under th…

30Jan

The Offence of Common Assault Explained

By Phillip Gibson | Assault | 30 January 2015

When personal violence occurs between two or more people, the legal outcomes can go a number of ways. This is due to the fact that violence can take a variety of forms and the injuries caused can vary from case to case. As there are a number of legal intricacies related to assault offences, …

2Dec

Roadside Drug Driving Tests to Increase over the Holidays

By Phillip Gibson | Drug | 2 December 2014

Drug driving is on the increase, according to NSW Police. With drug driving figures estimated at almost double this year compared to last year, police have announced that they will be increasing the number of roadside testing units deployed over the summer holidays.

1Dec

Drink Driving and the New Alcohol Interlock Laws

By Rajiv Baldeo | Laws | 1 December 2014

If you are caught drink driving, you could face a number of different penalties including fines, disqualification and even a possible jail sentence. From February next year onwards, if you have been convicted of a serious or repeat drink driving offence, you may also be required to participa…

1Dec

Consequences of a Child Pornography Conviction

By Phillip Gibson | Laws | 1 December 2014

Some laws now use the phrase child abuse material instead of child pornography. This can be confusing so we will stick to the terminology that most people still recognise of child pornography.

24Nov

What to Expect at a Court Appearance for Drink Driving

By Phillip Gibson | Court | 24 November 2014

Drink driving charges – or what are called prescribed concentration of alcohol (PCA) offences – are among the most common charges in the NSW local court system. it’s perfectly normal to feel a bit unsure about what happens next, once you’ve been charged with a PCA offence. Below is a…

1Nov

Can I Get a Section 10 for Drug Possession?

By a Criminal Defence Lawyer | Laws | 1 November 2014

'Section 10' is a phrase that regularly makes the rounds both in criminal and traffic law. It refers to the possibility of having no conviction recorded, following a plea of guilty or a finding that an offence has been proved after a court hearing. In the case of a drug possession charge, th…

5Oct

The Australian Appeals Process

By Phillip Gibson | Appeals | 5 October 2014

We understand that the disappointment can seem overwhelming when a conviction or sentence goes against you. After solid case preparation, it can certainly be a letdown to realise that not everything went the way that you’d expected. But options remain, and an appeal to a higher court might…

4Oct

Child Pornography Laws in Australia

By Phillip Gibson | Laws | 4 October 2014

As technology expands at a rapid rate, people have access to an incredible range of sites, materials, publications, news and images. And with that growth, greater attention is being given to definitions of material that can be considered to be criminal. An area that is becoming increasingly …

3Oct

Drug Possession Charges in NSW: What’s the Punishment?

By Phillip Gibson | Drug | 3 October 2014

If you have been charged over drug possession in NSW, the prosecution has a number of elements that they need to prove in order for a conviction to succeed. Depending upon the nature of the proceedings, and your individual circumstances, the penalties can vary. Your drug possession lawyer wi…